Lost profit? Lost Incentives to Sue! –‘Law & Economics’ Challenges Regarding Cartel Damage Claims
This lecture is part of Prof. Schäfer's lecture series "New Frontiers in Law and Economics".
With the Antitrust Damages Directive 2014/104/EU the European legislator seeks to ensure the goal of full compensation for any victim of a competition law infringement. The Directive’s implementation leads to a number of incentive incompatibilities that effectively undermine the incentives to sue for cartel damage. This is true in general, but in particular when it comes to the volume effect, a form of lost profit that as economics tells us regularly occurs once cartel purchasers pass-on the cartel overcharge.
Lecturer: Prof. Franziska Weber, Professor of Civil Law, Erasmus University Rotterdam
Back